JUDGMENT - N.P. CHAPALGAONKAR, J.:----Rev. Father Denis s/o. Chittarajan Kamath, who was working as a Secretary of Saint Franics De-Sales Education Society, Aurangabad was removed from his post by Bishop who alleges to be the President of the Society and this removal was challenged by him in Regular Civil Suit No 814 of 1990 filed in the Court of Civil Judge. Junior Division at Aurangabad. Defendants namely; the alleged President and the person who is appointed in place of the plaintiff, contested the suit and also raised plea that the Civil Court has no jurisdiction to hear this suit because of a bar created by section 80 of the Bombay Pubic Trusts Act, I960. Plaintiff had submitted an application for temporary injunction under Order 39, Rule 1 praying that the defendants be restrained from obstructing him from working as a Secretary of the said Trust. Despite raising an objection in the written statement, a separate application was also moved by the defendants on 9 7-1990 that the point for the jurisdiction be decided though the prayer did not say so elaborately but the intention of the defendant in filing this application appear to be that this issue be tried as preliminary issu

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